MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION Defendants Bertram's Salmon Valley Brewery, LLC, and Picanzo each filed motions to dismiss Plaintiff Richardson's claims in their entirety. Bertram's and Picanzo assert that Richardson's Title VII claim is time-barred, and that as a result of a dismissal of that federal claim, the state claims should be dismissed as well. If the Title VII claim is not dismissed, Picanzo seeks bifurcation of the state law battery...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 39). On March 3, 2020, Defendant appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Count One of the Indictment (Dkt. 1),...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION The Court has before it a motion to compel and for attorney fees, and a motion to strike. The motions are fully briefed and at issue. For the reasons explained below, the Court will grant both motions and award attorney fees and costs to the plaintiff. LITIGATION BACKGROUND Plaintiff Bown, an inmate at the Idaho Maximum Security Institution, filed this lawsuit claiming that delays in treating his heart ailment...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 19). On February 25, 2020, Defendant appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charge contained in Count 1 of the Indictment (Dkt. 1),...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 31). On February 26, 2020, Defendant appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charge contained in Count 1 of the Superseding...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 85). On February 25, 2020, Defendant appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the charge contained in Count 1...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 33). On February 25, 2020, Defendant appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the charge contained in Count 1...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 18). On February 24, 2020, Defendant appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the charge contained in Count 1...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . INTRODUCTION Currently pending before the Court is Yolanda Fraga-Jimenez's Petition for Review of the Respondent's denial of social security benefits, filed on October 9, 2018. (Dkt. 1.) The Court has reviewed the Petition for Review and the Answer, the parties' memoranda, and the administrative record (AR), and for the reasons that follow, will remand the decision of the Commissioner with an order to calculate and award...
MEMORANDUM DECISION AND ORDER RONALD E. BUSH , Chief Magistrate Judge . Pending is Petitioner Bryce Lane Stoutmeyer's Petition for Review (Dkt. 1), appealing the Social Security Administration's final decision finding him not disabled and denying his claim for disability insurance benefits and supplemental security income. See Pet. for Review (Dkt. 1). This action is brought pursuant to 42 U.S.C. 405(g). Having carefully considered the record and otherwise being fully advised, the...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION On January 16, 2020, this Court conducted an evidentiary hearing on Movant Bulmaro Huitran-Barron's 2255 motion (Dkt. 1). The parties submitted supplemental briefing afterward, and the Court is now prepared to issue its decision. For the reasons explained below, the Court will grant the motion. BACKGROUND In November 2016, Huitran-Barron pleaded guilty to one count of possession with intent to distribute a...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . INTRODUCTION This action appeals the Social Security Administration's denial of an application for supplemental security income ("SSI") filed by Kelly Stiner on behalf of her daughter, E.B., a minor under age 18. 2 The Court has jurisdiction to decide Petitioner's appeal pursuant to 42 U.S.C. 405(g). Both parties have consented to the exercise of United States Magistrate Judge jurisdiction. (Dkt. 14.) After reviewing the...
REPORT AND RECOMMENDATION RONALD E. BUSH , Chief Magistrate Judge . On February 25, 2020, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the...
MEMORANDUM EXPLAINING POLICY DISAGREEMENT WITH METHAMPHETAMINE SENTENCING GUIDELINES B. LYNN WINMILL , District Judge . INTRODUCTION The United States Sentencing Guidelines were designed to promote the twin goals of uniformity and proportionality in sentencing. The task was not easy to achieve, and efforts have continued to identify and eliminate sources of unwarranted disparities in federal sentencing. I write here to join several colleagues in expressing my belief that the...
MEMORANDUM EXPLAINING POLICY DISAGREEMENT WITH METHAMPHETAMINE SENTENCING GUIDELINES B. LYNN WINMILL , District Judge . INTRODUCTION The United States Sentencing Guidelines were designed to promote the twin goals of uniformity and proportionality in sentencing. The task was not easy to achieve, and efforts have continued to identify and eliminate sources of unwarranted disparities in federal sentencing. I write here to join several colleagues in expressing my belief that the...
MEMORANDUM DECISION AND ORDER INTRODUCTION CANDY W. DALE , Magistrate Judge . Before the Court is Rachel E. Ziemer's Petition for Review of the Respondent's denial of social security benefits, filed November 26, 2018. (Dkt. 1.) The Court has reviewed the Petition for Review, the Answer, the parties' memoranda, and the administrative record (AR), and for the reasons that follow, will affirm the decision of the Commissioner and dismiss the petition. 1 PROCEDURAL AND FACTUAL HISTORY On...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 305). On February 25, 2020, Defendant Colt Murdock Spencer appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the...
MEMORANDUM DECISION AND ORDER David C. Nye , Chief U.S. District Court Judge . I. INTRODUCTION Pending before the Court are Defendant Chicago Title Insurance Company's Motion to Dismiss (Dkt. 8), Plaintiffs Dennis and Sherrilyn Munden's Motion for Partial Summary Judgment (Dkt. 27), and Defendant Stewart Title Guaranty Company's Motion for Summary Judgment (Dkt. 34). On January 24, 2020, the Court held oral argument and took the motions under advisement. Upon review, and for the reasons...
ORDER ADOPTING REPORT AND RECOMMENDATION DAVID C. NYE , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. Dkt. 23. On February 25, 2020, Defendant, Arnulfo Gonzales-Torres, appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's plea of guilty to the charges contained in Count...
AMENDED MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . INTRODUCTION Pending before the Court is Defendant Madison County's motion for summary judgment. In response, Plaintiffs assert that, pursuant to Fed. R. Civ. P. 56(d), they need additional time within which to conduct discovery to adequately respond to Madison County's motion. The Court held oral argument on February 26, 2020, and took the motion under advisement. For the reasons explained below, the Court will...
